AIR 2003 SUPREME COURT 761 ::2003 AIR SCW 177 ::(2003) 1 MarriLJ 543 ::(2003) 94 RevDec 294 ::2003 (1) Marr LJ 543 ::(2003) 1 WLC(SC)CVL 421 ::(2003) 2 GCD 1539 (SC) ::(2003) 1 IndLD 860 ::2003 (1) UJ (SC) 708 ::(2003) 2 CivLJ 252 ::2003 (2) SCC 91 ::(2003) 1 RecCivR 409 ::(2002) 9 Scale 628 ::2003 (2) All CJ 952 ::(2003) 2 AllMR 689 (SC) ::2003 (2) Cal HN 104 ::(2003) 50 All LR 455 ::2003 (1) BLJR 673 ::2003 BLJR 1 673 ::(2003) 1 CurCC 104 ::(2003) 1 Cg LJ 190 ::2003 (2) GujLR 1493 ::(2003) 2 ICC 348 ::(2003) 2 AndhLD 45 ::2003 (1) OrissaLR 372 ::2003 (1) LandLR 417 ::(2003) 4 Bom CR 358 ::2002 (7) SLT 361 ::2003 (1) Supreme 297 ::(2003) 3 AllIndCas 139 (SC) ::2003 (3) SRJ 77

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Doraiswamy Raju, Shivaraj V. Patil , JJ

(A) Succession Act (39 of 1925) , S.63(c)— Evidence Act (1 of 1872) , S.68— Execution of Will - Proof of - Simply proving that signature on Will was that of testator - Not enough - Requirement of its attestation by 2 or more witnesses, is mandatory - Attestation must be proved to have been made as required by S. 63(c) of Succession Act - One attesting witness if able to prove execution i.e. if satisfies requirement of attestation of Will by other witness also - Examination of other attesting witness can be dispensed with. S.A. No. 409 of 1985, D/- 26-10-1994 (Bom.), Reversed. One of the requirements of due execution of Will is its attestation by two or more witnesses which is mandatory. Section 68 of the Evidence Act speaks of as to how a document required by law to be attested can be proved. According to the said Section, a document required by law to be attested shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving an evidence. It flows from this Section that if there be an attesting witness alive capable of giving evidence and subject to the process of the Court, has to be necessarily examined before the document required by law to be attested can be used in an evidence.....